DINESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners were appointed as S-2 Scientists with the Agricultural Research Service of Indian Council of Agricultural Research in the scale of Rs. 1100-1600 on 1.10.1975.

(2.) Petitioner No. 1, Mr. Dinesh Kumar was promoted as S-3 Scientist on 1.7.1979 in the pay scale of Rs. 1500-2000. Similarly, petitioner No. 2 Shri G.C. Srivastava was promoted to the rank of Scientist S-3 in the above said grade on 1.7.1980. After serving in the grade of S-3 for five years of assessment as on 31.12.1985, the petitioners became eligible to a senior scale of Rs1. 1800-2250. In the meantime, the pay scales were revised on the recommendation of the 4th Pay Commission report w.e.f., 1.1.86. Both the above said scales were merged and scale of Rs. 4500-7300 was introduced w.e.f, 1.1.86. The petitioners claimed fixation of pay firstly in the lower grade of Rs. 1800-2250 (pre-revised scale) and then re-fixation in the revised scale of Rs. 4500-7300 w.e.f., 1.1.86 with annual increment w.e.f, 1.7.86, as their salaries were re-fixed in the revised scale of Rs. 4500-7300 w.e.f, 1.1.86 without giving any benefit of the promotion in the scale of Rs. 1800-2250. Petitioners filed OA 493/99 before the Central Administrative Tribunal (hereinafter referred to as 'Tribunal') claiming fixation of their pay firstly in the scale of Rs. 1800-2250 and thereafter, w.e.f, 1.1.86 to be fixed in the revised scale of Rs. 4500-7300 with annual increment w.e.f, 1.7.1986 as they had been denied the benefit of fixation of salary in the scale of Rs. 1800-2250 and the salary was fixed by the respondents straightaway in the scale of Rs. 4500-7300.

(3.) The principal Bench of the Tribunal dismissed the O.A. vide order dated 1.5.2000 holding that since both the scales of Rs. 1500-1800 and Rs. 1800-2250 were merged and they happened to be the same i.e., Rs. 4500-7300, the benefit of FR 22(I)(a)(l) cannot apply.